Haryana Judl. Court Employees Association Vs. Punjab & Haryana H.C.Thr.Registrar [2009] INSC 232 (6 February 2009)

Judgment

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 796 OF 2009 (@SPECIAL LEAVE PETITION (CIVIL)NO.26608 OF 2005) HARYANA JUDL.COURT EMPLOYEES ASSOCIATION(REGD.) Appellant(s) VERSUS PUNJAB & HARYANA H.C.THR.ITS REGISTRAR Respondent(s)

ORDER

1.     Leave granted.

2.     The appellant is an association of members working in various courts in the State of Haryana. The members include the subordinate staff of the various district courts and the Court of Civil Judge,Senior Division and Junior Division. The association has filed an application for recognition of their association by the High Court. The appellant association has filed a writ petition before the High Court and the High Court, by the impugned judgment, rejected the same on the ground that there was no provision of law to give recognition to such an organisation.

3.     Heard learned counsel for the appellant. The respondent is not present when the matter was called.

4.     Learned counsel for the appellant pointed out that there is no law which prohibits the forming of an association or giving recognition to 2 such an association. It was argued that this recognition is only for the purpose of giving their representation.

We do not find anything wrong in the High Court giving such recognition to this association and the High Court, if necessary, may also frame some regulations in this regard. The association is entitled to act as a representative body for the members of the staff. The High Court may give recognition to the association only for the purpose of giving any representation.

5.     The appeal is disposed of accordingly. No costs.

...............CJI. (K.G. BALAKRISHNAN)

.................J. (P. SATHASIVAM)

NEW DELHI;

FEBRUARY 6, 2009.

 

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